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“...SUPREME COURT & CONSULAR
GAZETTE,
And Law Reporter for the Supreme & Provincial Courts of China & Japan.
Vol. II SHANGHAI, SATURDAY, 16th NOVEMBER, 1867. Ko. 46
CONTENTS.
Page.
191
192
Leading Article.
The Northern Ports, ....
Cases in H. B. M.’s Supreme Court.
Regina v. C, T. Jones,..................
In Appeal—Assignees of Estate of Mackellar
& Co. v. The Chartered Bank of India, &c.,... 193
Case in H. B. M.’s Provincial Court, Chingkiang.
In Bankruptcy—In re Hay & Co.,........... 196
NOTIFICATIONS
H. B M. Supreme Court.
H. B. M.’s SUPREME COURT FOR CHINA
AND JAPAN.
NOTICE.^—It is hereby notified that the sittings of
the Court for hearing ordinary civil cases during
the month of November next, will be held on Wednes-
days the 6th, 13th, 20th and 21tli days of that month
respectively, anti for Motions, Applications &c. on
Saturdays the 2nd, Oth, 16 th, 23rd and 30th proximo.
Prussian Consulate General
BEKANNTMACHUNG.
IN der Concurs Sache Rehhoff, Vale & Co. wird
der Prufungstermin am 15...”
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“...NovemTter 16th 1867.
SUPREME COURT & CONSULAfe OAEETTE
It is quested that only such communications as relate to
Editorial matters be addressed to the Editor, and that they
be sent not later than Friday.
Advertisements will be received till 10 a.m. on Saturday.
No communications can be noticed unless accompanied by
the name of the writer.
j&agrentt anlr Consular (Siudfe
Shanghai, November 16th, 1867.
The gradual rise and development of the trade
with the ports technically known as the north-
ern ports, that is with Tientsin, Newchwang
and Chefoo, is a subject of congratulation to
those interested in the progress of foreign trade
with China. Complaints long and loud that
the opening of these ports was a mistake ; that
the native dealers could completely undersell us
in the Coast trade, and that it was, therefore,
useless to compete with them, have been made
for some years past. But nevertheless the trade
has continued to progress ; and, while it has
not been altogether unprofitable to the...”
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“...192
SUPREME COURT & CONSULAR GAZETTE.
November \&th 1&67,
addition to the direct advantages which the
northern trade will yield in increased consump-
tion of our manufactured goods.
H. B. M. SUPREME COURT
November IH/t, 1867.
Before R. A. Mow at, Esq.
Regina v. C. Treasure Jones.
Charge of Embezzlement on the 2nd Deer. 1865 of
$ 197 and on the 26th Jany. 1866 of_a valuable secur-
ity valued at Tls. 1,414.80.
Mr. Myburgh appeared for the Prosecution. The
Defendant was undefended.
Previous to opening the case, His Worship considered
it right to notice a statement which had appeared in
one of the public journals, namely the Evening Express,
that at the investigation of this case on Friday 9th
inst. Mr. Mowat had, on an application for an adjourn-
ment before the case came on, at once granted it. As
this statement implicated the Court, he felt called upon
to deny it, and to state fact, namely that the Court
had not been so applied to for an adjournment, and
that the case would have been proceeded...”
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“...November Vot.h 1867,
SUPREME COURT & CONSULAR GAZETTE.
193.
To the Court at the i/nstance of Ike Defendant.—
I did know Mr, Jones kept an account. £ must
have known that by receiving a cheque from him
upon another account on the 25th January when I
received, a cheque on account commission on intestate
estates. Between August and. January, I did not
know where the money was kept. I thought it was
put either in the chest or with the compradore. I
think about Deer., I knew that Mr. Jones was in the
habit of keeping the money at the Oriental Bank.
When I took over the Consulate I thought it was part
in the hands of the compradore and part in the chest.
I do not remember where the balance was kept. I was
dissatisfied at there being no daily cash book up to
January 1866, when I insisted upon one being kept.
Up to that time, I am sorry to say, there was not one.
In October, I distinctly stated my wish that one
should be kept.
Geo. Jamieson—Acting Assistant in H. M. Con-
sulate. I arrived here...”
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“...194
SUPREME COURT & CONSULAR GAZETTE.
Jftrixemfcr 16/A 1867
relieve us from our responsibility, as otherwise we shall
have no alternative but to go though the Court, which I i
feel sure you will not wish to force us to.
I have spoken to Caruie on the subject and told him our j
true position. Should you wish it I will be very glad to
allow Him to inspect our books, prior to your deciding final- ,
ly regarding our Loans.
The value of our Properties, I make as under :
Lot 14 with Dwelling House, &c., ...........Tls. 15,000
Gingell Property tRental Tls. 1,000), ....... 8,000
4 China Fire Shares with premia,............. 4.000
3 North China Shares,........................ 7,000
Tls. 84,000
I regret very much having to write the foregoing, and
only wish that I was in a position to fulfil the agreement
between us.
Believe me,
Yours sincerely,
W. G. GORDON.
W. Cameron Esq.,
Shanghai.
Per Hirado,
Shanghai, 18th Jutr, 1867.
My Drab Gordon,
1 have yours of the 13th, winch I have shewn to Mr.
Lawrance...”
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“...November IQth 1867.
^SUPREME COURT & CONSULAR GAZETTE.
195
Mackintosh, which, referring to the statements in the
previous letter concerning the affairs of the firm, shew-
ed that at the date of that letter (June 25th), he did
anticipate being Bankrupt at an early period.
Mr. Myburgh went on to observe that under such cir-
cumstances it was impossible to conclude that the pay-
ment had been made under any pressure or fear of
consequences. Such pressure might exist in the case
of a person demanding payment of an amount already
due; but in this case there was nothing like impor-
tuning for money to be paid. The Bank in fact were
not creditors. There was nothing to shew conclu-
sively that the transactions with them would termin-
ate in debt, though it appeared that possibly they
might do so. Under such circumstances the Bank was
not in a position to exert, nor did they exert, any
pressure. Mackellar & Co. were hopelessly insolvent
at the time, and it was impossible to interpret a mere
request...”
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“...195
SUPREME COURT & CONSULAR GAZETTE.
November 16M 1867,
would amount to an insolvent getting Tls. 32,000 and
leaving Tls. 10,000, for a debt that might possible
never arise.
(Judgment reserved.)
IN H. B. M.’s COURT AT CHINKIANG.
Before John Markham, Esq.,
H. Af.’s Acting Consul A Judge of the Court.
In the matter of George Drummond Hay, lately
trading at Chinkiang, under the style or firm of
Hay & Co., a Bankrupt.
Public Sitting for Last Examination, &c. 12th No-
vember 1867.
The Bankrupt surrendered as ordered.
Present,—Edw. D. Jones, Official Assignee, VV. Bean
and F. Carnie.
The following claims were filed and admitted:—
Per W. Bean, H. Fogg & Co., Shanghai, Sh. Tls.
70.11; per do., A.W. Soutar, Shanghai, Ch. Tls. 23.50;
per F. Caniie, attorney for J. M. Canny, Watson
& Co, Shanghai, $37.75, L. Vrard, Shanghai $22.00,
North China Insurance Company, Ch. Tls. 120.25.
Little & Co.’s claim of Sh. Tls. 250.25, conditionally
admitted at the last meeting, was expunged, pending
the realization...”
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“...November Mth 1867. SUPREME COURT & CONSULAR GAZETTE.
197
difference in value which could he compensated for
under the allowance clause ? or was it an essential
difference in the species, so that the contract was for
one thing, and the article tendered another? That
seems to me to he determined hy what follows in the
case,—“ Western Madras cotton is inferior to Long-
staple Salem, and requires machinery for its manufac-
ture different to that which is used for Long-staple
Salem; and the market-price of Western Madras was
at the date of the contract only 23cZ. per lb.” Inferiori-
ty of quality and value might be compensated for hy
an allowance : but the question is whether difference
of kind or species may he. I must own that it would
have been more satisfactory to my mind to have had
these questions disposed of hy the verdict of a jury.
In determining the question, it is impossible to exclude
from one’s mind the fact that, when a man bargains
for Long-staple Salem cotton, and the seller...”
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“...198
SUPREME COURT & CONSULAR GAZETTE.
November \§th 1867
redress be obtained, many lucrative branches of our
trade will be lost to us entirely. Before leaving this
subject, we would beg to protest against the wanton
disregard of Treaty rights, under these we have in-
vested considerable sum of money in real property,
which will be a certain entent useless, if the present
state of matters is to obtain. Her Majesty’s Minister
having endorsed our opinion that the taxes are illegal,
we do not see why there should be so much delay, or
any difficulty in obtaining speedy redress.
Custom House.—We think that some part of the di-
minution of Trade is due to Custom House restric-
tions, and we would be glad to see a more liberal spir-
it obtain in the general administration of their affairs.
At present they claim the right under clause XXXVII
of levying a fine of Taels 500, in case of false or incor-
rect manifest. The amount is inordinately heavy, es-
pecially in the latter case, and we think the...”
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“...November \§th 1867.
SUPREME COURT & CONSULAR GAZETTE.
199
should be, and we would suggest that a certain pro-
portion, say one half of the tonnage dues, less the ex-
pense of collection, be set aside for the requirements of
the port where it is collected. There is a great need
of an efficient water-police, and the public bunds and
wharves are both insufficient and in bad repair ; there
are one or two dangerous rocks in the harbour, which
it would be quite possible to remove ; and lastly, a
good light house on Chapel Island is a great desideratum,
not only for Amoy, but also for the whole coasting
trade.
We think that steamers or vessels plying to Manila
ought to come under the four months’ clause, in the
same manner as those running betwixt Shanghai and
Japan ; at present they have to pay each trip, and the
tax is very heavy. We also think that vessels entering
and clearing in ballast ought to be free, and that the
compulsory sale of damaged cargo landed from a vessel
in distress ought...”
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“...200
SUPREME COURT & CONSULAR GAZETTE.
November \&th 1867
145$ ; Discount—2%; London, 14th October, Cotton
—8$d. ; Shirtings—9/9 ; Tea,—Finest 2/6 a 2/8 ; Silk—
Quieter, good firmer, common lower better tone, prices
unchanged 27/6 a 28/ ; Dollars—Unchanged; American
Tea—very dull ; American Exchange—9J ; American
Gold—144$ ; Discount—2%
London, Oc£. 1867.—Cotton 9d. Shirtings 8|
lbs., 10s. 3d Tea—Good Black leaf maintain prefer-
ence over red—prices unchanged. Silk—Very quiet
on account of Continental politics. Dollars—59j,
American Tea Market—unsteady. American Ex-
change—8$ pm. American Gold—144. Discount—
2 per cent. Considerable Export of Gold. France pre-
paring armed intervention in Ottoman question.
In a copy of the Strait* Times, received by the pre-
sent mail, it is stated that the British barque
Maggie Leslie, of Newcastle, from Foochoo, bound to
London with a cargo of tea, was totally wrecked, a few
days since, on the “ Alceste Reef ” in Gaspar Straits.
All hands saved and brought...”
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“...November 15th 1807.
SUPREME COURT & CONSULAR GAZETTE.
201
From the North, we have not received any definite
information beyond that published in our last.
Hongkong. We are in receipt of advices to the 10th
inst. An unfortunate man of the name of Thos. Ban-
berry, who has for some time been living a wild life
among the hills, hardly clothed, and sustaining himself
by depredations on the natives’ farm stock &c. has
been at last caught. The extraordinary part of the
business, notes the Daily Press, is that the man appears
perfectly sane and answers all questions rationally.
There has been a meeting of the Shareholders of the
Canton Insurance Company, at which a dividend of
$500 per share was declared. A lamentable occurrence
has cast a gloom over a large portion of the commu-
nity. Mr. Geo. McNeil, a gentleman in the house of
W. Pustau & Co., was run away with in a pony-trap
and the wheel catching in a tree, the vehicle over turn-
ed and fell upon Mr. Neil, who was thrown out. As-
sistance...”
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“...202
SUPREME COURT & CONSULAR GAZETTE
November \§t,h 1867.
SHANGHAI SHIPPING.
Arrivals.—Nov. 9th Dragon str., Nagasaki; 11th,
Sea Flower, Foochow ; Royal Minstrel, Liverpool; Pearl
H. B. m. s., Nagasaki ; 12th, Venita H. P. M. Corv., Naga-
saki ; Catharina, Swatow ; 13th, Glengyle str., Hongkong;
Aden str., Hongkong ; 14th, Costa Rica str., Nagasaki;
Shanse str,, Tientsin ; 15th, Osaka str., Nagasaki.
Departures.—Nov. 9th, Suwonada str., Hongkong;
Miacastr., Tientsin ; Feeloong str., Nagasaki; Fusi Yama
str., Foochow ; Ganges str., Hongkong ; Yuen-tze-fei str.»
Chefoo and Tientsin ; 10th, Felix Mendlesohn, Hongkong ;
11th, Western Chief, Foochow ; Szechuen str., Tientsin ;
12th, Akindo, Hakodadi and Nagasaki; Ensign, New
York ; Hermann Doctor, Hongkong ; Alma, Foochow ;
Merse, Foochow; Anne Porter, Nagasaki; Fenella str.,
Foochow ; 13th, Minnie, London; Strathmore, Manila;
14th, Ellon Castle, Hongkong; Ivy, Hakodadi ; Lizzie
Allen, Passiette ; Adventure H. B. M. S., Passiette; 15t^f
Ville...”
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“...SUPREME COURT & CONSULAR GAZETTE.
Monthly Periodical.
’‘NOTES AND QUERIES ON CHINA AND JAPAN.”
Edited by N. B. Dennys.
Price «$4 per annum.
IN Issuing a Monthly Periodical devoted to Eastern
subjects, on the plan of that which, under a similar
title has proved so popular during a long series of years
in Great Britain and America, the publishers have been
encouraged by the already large and constantly increasing
interest felt in all parts of the civilized woild with re-
lation to China, Japan, and the adjacent Countries. With
Peking and Yedo open to travellers and officials, with the
whole Empire of China accessible to explorers, and the
barriers hitherto so jealously maintained in Japan be-
coming daily weakened, numbers of new facts and much
curious information is being accumulated in the note-
books of individuals, who are glad to preserve in type
many little particulars, for embodying which in a form
accessible to the public, no means now exist. All notes and
inquiries received are carefully...”
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